2010 Construction and Material Specifications - Ohio Department of ...

107.17
In the event interruption to underground or overhead utility services results
from an accidental breakage or from being exposed or unsupported, immediately
alert the occupants of nearby premises as to any emergency that the accidental
breakage may create at or near such premises. Then notify the Engineer and the
owner or operator of the utility facility of the disruption and cooperate with the
said utility owner or operator in the restoration of service. If water service is
interrupted, perform the repair work continuously until the service is restored
unless the repair work is performed by the local governmental authority. Do not
begin Work around fire hydrants until the local fire authority approves provisions
for continued service.
107.17 Furnishing Right-of-Way. The Department is responsible for securing
all necessary Right-of-Way in advance of construction. The Bid Documents will
indicate any exceptions. The Department will notify all prospective Bidders in
writing before the date scheduled for receipt of Bids regarding the specific dates
certain parcels will be made available to the Contractor.
107.18 No Waiver of Legal Rights. The following Department actions do not
waive the Department’s rights or powers under the Contract, or any right to
damages herein provided:
A. Inspection by the Engineer or by any of Engineer’s duly authorized
representatives.
B. Any order, measurements, or certificate by the Director, or Department
representatives.
C. Any order by the Director or Department representatives for the payments of
money or the withholding of money.
D. Acceptance of any Work.
E. Any extension of time.
F. Any possession taken by the State or its duly authorized representatives.
The Department will not consider any waiver of a breach of this Contract to be
a waiver of any other subsequent breach.
107.19 Environmental Protection. Comply with all Federal, State, and local
laws and regulations controlling pollution of the environment. Avoid polluting
streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals,
sediments, or other harmful materials, and avoid polluting the atmosphere with
particulate and gaseous matter.
Fording of streams is prohibited. Causeways for stream and river crossings or
for Work below a bridge are permitted provided:
A. The causeway is constructed according to 207.03.B.8.b.
B. The causeway complies with the requirements of the 404 Permit the
Department obtained for the Project.
C. The Contractor obtains a 404 Permit from the U.S. Army Corps of Engineers
if the Department has not obtained such a permit. Obtain the 404 Permit prior to
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